GADWAY v. BLUM

No. 82-CV-220.

567 F.Supp. 772 (1983)

Wayne GADWAY, individually and on behalf of all others similarly situated, Plaintiff, v. Barbara BLUM, individually and in her official capacity as Commissioner of the New York State Department of Social Services, and Richard H. Duquette, individually and in his official capacity as Commissioner for Social Services, Clinton County, Defendants.

United States District Court, N.D. New York.

June 8, 1983.


Attorney(s) appearing for the Case

North Country Legal Services, Plattsburgh, N.Y., Greater Upstate Law Project, Rochester, N.Y., for plaintiff; Omshanti Parnes, Rene H. Reixach, Rochester, N.Y.

Robert Abrams, Atty. Gen. of the State of New York, Albany, N.Y., for defendant Blum; C. Michael Reger, Asst. Atty. Gen., Troy, N.Y., of counsel.

John Dee, Clinton County Dept. of Social Services, Plattsburgh, N.Y., for defendant Duquette.


MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This class action concerns the relationship between the medical assistance ("Medicaid") program for the medically needy, 42 U.S.C. §§ 1396a(a)(10)(C) and 1396a(a)(17), New York Social Services Law §§ 366.1(a)(5) and 366.2(b), and the Hill-Burton Act, 42 U.S.C. §§ 291 et seq. The issue here is whether the "spend-down" liability of a medically needy family...

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